The Popish Plot: A study in the history of the reign of Charles IIPollock, John
History
The Popish Plot: A study in the history of the reign of Charles II
Pollock, John
Popish Plot, 1678
The trials of Colonel Turner for burglary and of the Suffolk witches,
who were condemned in the year 1665, afford perhaps the strongest
instances of the slight extent to which the principles of evidence
were understood. In the former the chief part of the evidence given
by Sir Thomas Aleyn, the principal witness, was concerned with what
other people had done and said, and would by modern methods have
certainly been ruled out; in the latter the smallest apprehension of
the value of testimony would have resulted in an abrupt termination of
the case, for nothing which by courtesy could be called evidence was
produced against the wretched old women who were being tried for their
lives, and their conviction was obtained partly on the strength of a
statement by Dr. Browne of Norwich, author of the _Religio Medici_,
as to the nature of witches and their relations with the devil, no
single word of which could have been spoken in a modern court of
justice.[529] It was a state of things, due to lack of experience and
of scientific vision, which prevailed until after the Revolution and
exerted a powerful influence against the accused. In other points
however criminal procedure in the English courts underwent changes
of considerable importance. From the reign of Queen Mary until the
Puritan Revolution it had remained almost unaltered, but during the
Commonwealth and Protectorate several modifications were introduced. An
apparently spontaneous change, inaugurated by no legislative enactment,
bore witness to the fact that the view in which criminal trials were
regarded was insensibly shifting from the ancient to the modern
standpoint. The inquisitorial nature of the old trial was gradually
disappearing. Chief among the differences which may be noted as having
arisen is the fact that the prisoner was no longer systematically
questioned in court. When he was questioned, it was now, if he were
innocent, in his favour. His examination was no longer what it had been
in the days of Elizabeth and James I, the very essence of the trial.
Questions were still put to him, but now they were directed by the
judges and not by the prosecution. The process was of no greater scope
than was demanded by the necessities of the defence of a prisoner who
has not the assistance of counsel. It was used as a natural means of
arriving at the truth of statements made on one side or the other,
and served to set in a clear light the strong and weak points of the
defence. At the trial of the Turners, who were guilty, a lengthy
examination of the prisoners by the court succeeded in shewing the
great improbability of statements in their story, and tended directly
to the conviction of the colonel.[530] On the other hand, in the case
of Sir George Wakeman, who was innocent, the triangular series of
questions between judge, witness, and prisoner had an effect which was
by no means unfavourable to the accused.[531] The prisoner moreover
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